Legal Question in Civil Litigation in Ohio

Liability beyond insurance for ''at fault'' traffic accident.

Hello, my question is regarding

being struck by another driver,

who was insured, and had a small

inadequate company who

represented his policy, the claims

adjuster arrived a week after the

accident to review the damage

relevant to the accident, they

determined since I had it fixed,

and the shop kept no obvious

broken parts to review that they

owe nothing toward the bill for

repairs of what happened in the

accident. If I waited a week to

have a claims adjuster come

review the damage on my vehicle

I would have been charged

storage for my vehicle and had no

transportation, I did wait for three

days before getting it fixed

because they drug their feet to

come and review. So, is there any

recourse on the person who struck

me in small claims court to get the

bill paid for to repair what was

damaged? Or is this a waste of

time and I must now absorb the

cost of repair to my own vehicle

after he agreed he was at fault?

If you have any advice on these

types of situations I'd appreciate it.


Asked on 12/21/06, 9:08 am

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Liability beyond insurance for ''at fault'' traffic accident.

Yes, you can sue the other driver (not the insurance carrier) in small claims court for an amount not exceeding $3,000. If you file in small claims court and the other driver notifies the insurance company of the lawsuit, the insurance company will likely be obligated to provide an attorney to the other driver. In that case, the insurance company may have a change of heart and pay the claim to avoid the cost of providing legal representation to its insured. However, if the damage to your vehicle is more than $3,000 OR if you sustained any injuries in the accident, you should contact an attorney in your area and should not file in small claims court.

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Answered on 12/22/06, 11:07 pm


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